35 142. At the same time, the IACHR notes that, as a result, one of the biggest problems facing the Community today is the presence on its ancestral lands of numerous ladinos and non-Garífunas, even in the areas granted to it in full ownership. The IACHR file contains a series of reports issued by Honduran Government authorities documenting occupation by third parties of the territory of the 159 160 Community of Triunfo de la Cruz, such as INA reports and documents drawn up by the IHT. 143. The IACHR notes in particular that the report to the Regional Head of the Atlantic Shore Department of the INA, dated July 26, 2001, states that in the area for which title had been issued to the Community there were 187 mestizo or non-Garífuna people, of whom “37 possessed a deed of sale […], 3 had title deeds […], 10 had full ownership documents, 1 had a substitute title, 17 had received donations.” The report even noted that “there are people who have plots but do not live in the area” and 161 “there are persons with more than one plot.” According to the evidence in the file, on more than one occasion government authorities had expressly undertaken to regularize the Community’s ancestral 162 lands, in spite of which the IACHR has not been notified that such a regularization has been carried out. Comunidad histórica del Triunfo de la Cruz fundada el 3 de mayo de 1524 lugar donde se encuentra el histórico Cerro Triunfo de la Cruz” [The historical community of Triunfo de la Cruz, founded on May 3, 1524, where the historic Triunfo de la Cruz hill is located], produced by the Land Defense Committee of Triunfo de la Cruz. Annex 12 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003; and Annex 71. Communiqué of the Land Defense Committee of Triunfo de la Cruz dated July 26, 1994. Appendix 26 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. According to the information at the IACHR’s disposal, on October 15, 1992 the Municipality of Tela sold 4.10 manzanas of land claimed by the Community to a private person. [Annex 72. Record of Certificate No. 23 point 4 issued by the Municipality of Tela on October 15, 1992. Annexes of the State presented on October 20, 2010. Annex 73. Official Letter No. D-DNIC-015-2010 of the Office of the Director of the Criminal Investigation Bureau of the Secretariat of Security dated January 21, 2010. Annex to the written communication of the State in the precautionary measures proceedings of July 2 nd, 2010, received by the IACHR on July 8, 2010]. The IACHR file also contains memorandum FEEPC-37/99 of July 8, 1999, sent by Edith Rodríguez Valle, Chief Prosecutor at the Attorney General’s Office, to Gilberto Sánchez, Public Prosecutor for Ethnic Groups and Cultural Heritage of Honduras, stating that “members of the Municipality of the Town of Tela, taking advantage of the expansion of the urban core of the Garífuna Community of Triunfo de la Cruz have issued titles to a number of individuals, including municipal employees and officials, within the full ownership area that the National Agrarian Institute granted to the black people (sic) as communal land, wherefore and for the sake of coordinated unity in government actions, it is requested that these facts be investigated. [Annex 74. Memorandum FEEPC-37/99 of July 8, 1999]. The IACHR does not concur with the term used by the author of this quotation. 159 Annex 5. Report produced by the Head of Land Registry and Measurement for the Head of the Agrarian Registry Office of the National Agrarian Institute. Application File No. 10357 with the National Agrarian Institute, pages 367 to 371. Appendix 8 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. Annex 5. Report produced by José Joel Vasquez, expert in business re-engineering in the Tela sector for the Regional Head of the National Agrarian Institute’s Atlantic Shore Division on July 26, 2001. Application File No. 10357 with the National Agrarian Institute, pages 483 to 500. Appendix 8 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. Annex 75. Memorandum from the Head of the Agrarian Registry to the Head of Land Registry and Measurement of the National Agrarian Institute dated September 12, 2000. Annex 46 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. Annex 16. List of private individuals in the Triunfo de la Cruz Community. File 57426 with the National Agrarian Institute, pp. 333 to 345. Appendix 8 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. 160 The IHT ascertained “occupancy by mestizo [ladinos] and foreigners who have built fully equipped beach houses, with swimming pools.” Annex 10. “Analysis of the Garífuna Communities' Applications for Full Ownership”prepared by the Honduran Tourism Institute on April 23, 1996. Annex 24 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 161 Annex 5. Report sent by José Joel Vasquez, expert in business re-engineering in the Tela sector, to the Regional Head of the National Agrarian Institute’s Atlantic Shore Division on July 26, 2001. Application File No. 10357 with the National Agrarian Institute, pp. 483 to 500. Appendix 8 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. 162 Annex 129. Certificate of commitments signed by the Public Prosecutor’s Office for Ethnic Groups and Cultural Heritage of Honduras and the Garífuna People through the Fraternal Black Organization of Honduras on September 19, 2001, in which it undertakes to assist the Community Council of Triunfo de la Cruz in the “land titling, regularization, and expansion proceedings” before the National Agrarian Institute. Annex 48. Special Act signed with the National Agrarian Institute dated September 19, 2001. Annex 68 of the petition initially dated October 27, 2003, received by the IACHR on October 29, 2003; and Application No. 57426 presented before the National Agrarian Institute, pp. 156 to 157. Annex B to the State's written communication containing its observations on the merits, dated March 8, 2007, received by the IACHR on March 9, 2007. Annex 51. Item 2 of the Special Act signed by the Minister Director of the National Agrarian Institute on July 9, 2003. Annex 78 of the petition initially dated October 27, 2003, received by the IACHR on October 29, 2003.

Select target paragraph3